Постановление Европейского суда по правам человека от 29.10.2009 «Дело Вахаева и другие (Vakhayeva and others) против России» [англ.]

thus accepts that they have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards the applicants EUR 35,000 jointly, plus any tax that may be chargeable thereon.

C. Costs and expenses

204. The applicants also claimed EUR 8,363 and 1,482 roubles (RUB) for the costs and expenses incurred in the domestic proceedings and before the Court. They submitted a copy of the contract with their representative and an itemised schedule of costs and expenses, which included interviews with the applicants and the drafting of complaints to the domestic courts and legal documents submitted to the Court at a rate of EUR 50 per hour. They also submitted an invoice for translation expenses for the amount of EUR 632 and postal invoices for the amount of RUB 1,482. The applicants also claimed EUR 506 on account of administrative expenses.
205. The Government disputed the reasonableness and the justification of the amounts claimed under this head. They also objected to the representative's request to transfer the award for legal representation directly into his account.
206. The Court may make an award in respect of costs and expenses in so far as they were actually and necessarily incurred and were reasonable as to quantum (see Bottazzi v. Italy [GC], No. 34884/97, § 30, ECHR 1999-V, and Sawicka v. Poland, No. 37645/97, § 54, 1 October 2002).
207. Having regard to the details of the contract between the applicants and their representative and the information submitted, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicants' representative. Further, the Court notes that this case was rather complex and required a certain amount of research and preparation. Accordingly, it accepts that the costs and expenses incurred for legal representation were necessary.
208. Furthermore, the Court notes that it is its standard practice to rule that awards in relation to costs and expenses are to be paid directly into the applicant's representatives' accounts (see, for example, Nachova and Others v. Bulgaria [GC], Nos. 43577/98 and 43579/98, § 175, ECHR 2005-VII, and Imakayeva, cited above).
209. Having regard to the details of the claims submitted by the applicants, the Court awards them the amount of EUR 8,400, less EUR 850 received by way of legal aid from the Council of Europe, together with any value-added tax that may be chargeable to the applicants, the net award to be paid into the representative's bank account, as identified by the applicants.

D. Default interest

210. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Dismisses the Government's preliminary objection;
2. Holds that there has been a violation of Article 2 of the Convention in respect of Kazbek Vakhayev;
3. Holds that there has been a violation of Article 2 of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Kazbek Vakhayev disappeared;
4. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants' mental suffering;
5. Holds that there has been a violation of Article 5 of the Convention in respect of Kazbek Vakhayev;
6. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
7. Holds that no separate issues arise under Article 13 of the Convention in conjunction with Articles 3 and 5 of the Convention;
8. Holds that there has been a failure to comply with Article 3

> 1 2 3 ... 21 22 23